Opening of Proposals - Utility Billing System - Advanced Utility Systems - Part 3

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training then Harris shall be compensated in accordance with this Agreement. (v) Organization shall establish proper backup procedures necessary to replace critical Organizational data in the event of loss or damage to such data from any cause. Organization shall provide Harris with access to qualified functional or technical personnel to aid in diagnosis and to assist in repair of the Software in the event of error, defect or malfunction. (vi) Organization shall have the sole responsibility for: (A) the performance of any tests it deems necessary prior to the use of the Software. (B) assuring proper Designated Computer System installation, configuration, verification, audit controls and operating methods. (C) implementing proper procedures to assure security and accuracy of input and output and restart and recovery in the event of malfunction. (D) timely upgrade and keeping current all third party license releases and/or Software products to meet the requirements of the Software. ARTICLE III REPRESENTATIONS AND WARRANTIES 3.1 Warranty Harris warrants that the Services will be performed in a professional and diligent manner by personnel who are competent in performing their individual tasks. Harris shall have no liability hereunder if the Organization has modified the Software in any manner without the prior written consent of Harris. 3.2 No Other Warranties The express warranties contained above are in lieu of all other representations, warranties and conditions, express or implied, whether arising by statute or otherwise in law or from a course of dealing, or usage of trade. Without limiting the generality of the foregoing, Harris does not represent or warrant and the Organization acknowledges that there are no further representations or warranties, whether express or implied, including any warranties regarding the merchantability of the Services nor for any outcome.